The Elements Of Criminal Law Essay

Submitted By racheledilena
Words: 1038
Pages: 5
Open Document
THE ELEMENTS OF
CRIMINAL LAW
By: Rachel Di Lena

The Criminal Code
The Criminal Code:
 Is a federal statute that contains the majority of the criminal laws passed by
Parliament.
 It lists offences and sentences that are being imposed as well as the procedures to follow when trying those accused of crimes.  The code is meant to reflect the social values of the majority of Canadians.

Summary Conviction
Offences
Summary Conviction Offence: A crime that is considered less serious and carries a lighter penalty.
 A summary conviction offence is a minor offence with a less severe penalty that more serious crimes.  A person who is convicted of such a crime, could be fined up to $2000 and/or imprisoned for up to six months.
 Summary conviction offences are tried in provincial court before a judge without a jury.
 The Criminal Code states if the crime is classified as a summary conviction.

Indictable Offences
Indictable offence: A more serious crime that carries a heavier penalty.
 An indictable offence is a more serious crime and carries a heavier penalty than a summary conviction offence.
 The Criminal Code establishes maximum penalties for indictable offences, ranging from two years for committing a common nuisance up to life imprisonment for aggravated sexual assault.
 The more serious indictable offences, such as murder and treason (s.469 of the code), must be tried in Superior Court.

Hybrid Offences
Hybrid or dual procedure offence: An offence that the crown can try either as a summary or indictable offence.
 Is one that the Crown can decide to try either as a summary conviction offence or an indictable offence.
 The Criminal Code always makes it clear when an offence is hybrid by stating explicitly that it can be treated either on a summary or indictable basis.

Actus Reus
Actus Reus: “the guilty act,” the voluntary action, omission, or state of being that is forbidden by the Criminal
Code.
 If you with another person then hit that person, you have committed assault.
 The Criminal Code defines the wrongful act clearly and precisely so we know exactly what the law prohibits.

Mens rea
Mens rea: A deliberate intention to commit a wrongful act, with reckless disregard for the consequences.
 The term implies moral guilt—that the accused person deliberately did something he or she knew to be wrong, with reckless disregard for the consequences. Intent
Intent: A state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences
 To say that a person had the intent to commit a criminal act means that he or she meant to do something wrong, was reckless regarding the consequences, and knew or should have foreseen the results of the wrongful act.
 There are two kinds of intent in Canada. General
Intent, which means that when a person commits a wrongful act for its own sake, with no ulterior motive or purpose. Specific Intent, which applies when someone commits one wrongful act in order to accomplish another. Knowledge
Knowledge: An awareness of certain facts that can be used to establish mens rea.
 In some cases, the Crown can establish mens rea by showing that the accused had knowledge of certain facts.
 The word ‘knowing’ indicates the mens rea of this offence.
 To establish guilt, the Crown only has to show that the accused knew the document he or she used was forged.

Recklessness
Recklessness: Consciously taking an unjustifiable risk that a reasonable person would not take.
 The crown can also establish mens rea by proving that the accused demonstrated recklessness.
 Recklessness involves consciously taking an unjustifiable risk that a reasonable person would not take.

Strict Liability Offences
Strict Liability Offences: Offences that do not require mens rea but to which the accused can offer the defence of due diligence.
 The accused may acknowledge that the offence took place but then offer the defence of due
Show More

Related Documents: The Elements Of Criminal Law Essay

Sociology: Criminal Law and Particular Objective Element Essay

objective element (conduct, circumstance, or result). If no culpability is specifically required in the definition of the crime, Model Penal Code § 2.02(3) specifies that "recklessness" is the minimum required culpability. Proof of a higher level of culpability is sufficient for an element that requires a lower culpability because the scheme is hierarchical. Common Law Homicide: 1. Causing the death, 2. Of a living human being, 3. Where death occurs within a year and a day. Common law homicide…

Words 1221 - Pages 5

StudentNotes Part1 IntroCJSystem JCaplan Essay

Introduction to Criminal Justice | Rutgers University School of Criminal Justice | Dr. Joel Caplan PART ONE Crime and the Criminal Justice System Course Introduction System: a regularly interacting or interdependent group of parts forming a unified whole, whose operations … are directed toward The Criminal Justice System: • … Players… • It is a “system” because • Parts … Due to the very nature of the criminal justice system being a “system”, it is multidisciplinary…

Words 2712 - Pages 11

1310 Summer 2 2014 Prelim Essay

1310 Fundamentals of Criminal Law: This course focuses on the nature of criminal law and its philosophical and historical development; major definitions, concepts and classifications of crime; elements of crimes and penalties, using Texas statutes as illustrations; and the concept of criminal responsibility. COURSE GOALS AND OBJECTIVES: This colure is designed to introduce the student to the theoretical basis of criminal law in the United States and to examine particular criminal acts as defined by…

Words 1225 - Pages 5

Historical Policy Comparison Essay

Historical Policy Comparison University of Phoenix CJA 463/Criminal Justice Policy Analysis Historical Policy Comparison In the past fifty years, the American system of criminal justice has undergone a number of critical changes involving policing, the courts and corrections. Landmark Supreme Court rulings, such as Miranda v. Arizona, and Mapp v. Ohio have shaped the way that law enforcement, as well as our courts, deal with individuals accused of committing crimes (Marion and Oliver, 2006)…

Words 2184 - Pages 9

Seven Elements Of Crime Analysis

The seven elements of a crime help distinguish, categorize, justify, and confirm criminal offenses that have been deemed as such. These elements are punishment, concurrence, causation, harm, legality, actus reus, and mens rea. There are several questions that need some answers in relevance to whether illegal drug use, prostitution, and gambling are aligned with these seven elements (Bethel University, 2013). Illegal drug use such as marijuana does not fit the seven elements of crime. Marijuana is…

Words 511 - Pages 3

Difference Between Civil Law And Criminal Law

Leucio Pacelli Criminal Law Professor Dyer Jan 13th, 2015 Journal #1 For every crime committed in the United States, there are three elements that are required. The three requirements are the criminal intent for the crime, the criminal act of the crime, and the omission to act itself. There is also one more element for every crime and that is illegality or the wrongfulness of the crime. Generally speaking illegality means whether the crime can be a misdemeanor or a felony based on the laws for each state…

Words 548 - Pages 3

Social Bond Theory

Introduction In the criminal justice field, it is important for us to understand what causes criminal acts by individuals. In order for us to understand what causes it, we will need to explain what the theories are for those causations. Therefore, we will explain causation of crime: Social Bonding, Social Control, and Labeling what it represents. Then we will identify the similarities between them and identify the differences between them, and follow up with our evaluation (explanation) as to why…

Words 911 - Pages 4

Civil Law

CRIMINAL LAW VS. CIVIL LAW PAUL D LE CUCJ 250 BRANDMAN UNIVERSITY Criminal Law vs. Civil Law In 1789, judicial branch of the United States borrowed the traditional English common law system and adjust it to modern common law use today. The common law continues to define the severity of any offense and determine whether a crime is or not. When criminal cases brought before the courts are often divided into three categories: misdemeanors, felonies and treason. Misdemeanor is normally resolved…

Words 1026 - Pages 5

Schneier's Essay 'A' Key For Encryption

Virtual Sanctuaries for Criminals" state almost the exact opposite. Hosko's impression is when companies develop secure virtual sanctuaries to attract ordinary everyday Americans, it also attracts criminal types and terrorist who wish to destroy and harm innocent…

Words 666 - Pages 3

Obama: Crime and Mckever Survey Essay

Brunarious Mckever Criminal Law “Bad boys bad boys what are you going to do, what are you going to do when we come from you. A quote from the movie Bad Boys II, which mean that any American who engages in a criminal act will have a significant debt to pay toward the society. “Before the twentieth century, Washington, D.C and the federal government did not have much to do with criminal justice; this was mostly a job for the states”. (Friedman2002, Book) “Not entirely, of course: the District…

Words 841 - Pages 4